P.V. Vinod Kumar vs The Secretary
2021 Latest Caselaw 10518 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                      WP(C).No.37563 OF 2017(U)

PETITIONER:

               P.V. VINOD KUMAR
               PUTHENPARAMBIL HOUSE, ALAKKOKDE P.O,
               KANNUR DISTRICT.

               BY ADV. SRI.GEORGE MECHERIL

RESPONDENTS:

      1        THE SECRETARY
               PERINGOME-VAYAKKARA GRAMA PANCHAYAT,
               KANNUR DISTRICT - 670 002.

      2        THE ASSISTANT EXECUTIVE ENGINEER
               OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, L.S.G.D
               SUB DIVISION, PAYYANNUR, KANNUR DISTRICT - 670 101.

      3        THE ASSISTANT ENGINEER
               L.S.G.D SECTION,
               PERINGOME - VAYAKKARA GRAMA PANCHAYAT,
               KANNUR DISTRICT - 670 002.

      4        THE KERALA STATE SPORTS COUNCIL
               THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY -
               695 001.

      5        THE UNION OF INDIA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               MINISTRY OF YOUTH AFFAIRS AND SPORTS,
               NEW DELHI-110001.

               R1 &3 BY ADV. SRI.O.V.MANIPRASAD
               R4-SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL
               R5-SRI.R.PRASANTH KUMAR, CGC
               G.P-SRI.RENIL ANTO KANDAMKULALTHY

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD                 ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).37563/2017                    2


                                 JUDGMENT

The petitioner, a 'B' class contractor, was awarded the work

'Peringome Ground Renovation' owned by the Peringome-Vayakkara

Grama Panchayat. Pursuant to the award of contract, the petitioner

entered into an agreement with the third respondent, the Assistant

Engineer, LSGD on behalf of the Panchayat. After completion of the

work, completion certificate has been issued. Out of the total amount

due under the contract, an amount of Rs.1,35,000/- is yet to be

disbursed to the petitioner. The petitioner has approached this Court

for disbursement of the balance bill amount due under the contract and

for release of the retention amount. It is submitted by the learned

counsel for the petitioner that the retention amount was later released

to the petitioner. Now, what is due to the petitioner is Rs.1,35,000/-,

being the balance bill amount.

2. The first respondent, the Secretary of the Panchayat has filed

a counter affidavit stating that the fund is to be released by the fourth

respondent Kerala State Sports Council as the work is included in

PYKKA Scheme under the Ministry of Sports. The learned standing

counsel for the Sports Council submits that the Sports Council which

is the nodal agency for implementation of the project has received the

fund under the PYKKA Scheme. However, the Panchayat has not so

far submitted the documents required by the Sports Council for

disbursement of the amount.

3. The work was completed as early as in the year 2016.

Though the panchayat has made some correspondence with the Sports

Council and submitted certain documents as can be seen from the

counter affidavit filed by the Panchayat, the learned standing counsel

for the Sports Council submits that certain documents including the

completion certificate as required in Ext.R1(e) is yet to be received

from the Panchayat. The counsel for the first respondent submits that

copies of those documents will be made available to the Sports

Council within a period of two weeks from the date of receipt of

certified copy of the judgment. On receipt of those documents, the

fourth respondent Sports Council shall disburse the balance bill

amount due to the petitioner within three weeks thereafter. The

question regarding interest is left open.

Writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE AGREEMENT EXECUTED WITH THE 2ND RESPONDENT ON 17/11/2014.

EXHIBIT P3 TRUE COPY OF THE RESOLUTION NO.74/2015 DATED 6/2/2015.

EXHIBIT P4 TRUE COPY OF THE REVISED ESTIMATE REPORT OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER ON 23/11/2016.

EXHIBIT P6 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT REFERRED TO IN EXT.P5 DATED 27/4/2016.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 14/10/2016 OF THE FIRST RESPONDENT.

EXHIBIT R1(A) A TRUE COPY OF THE RESOLUTION NO.353/2012 DATED 14.9.2012.

EXHIBIT R1(B) A TRUE COPY OF THE LETTER DATED 9.7.2013.

EXHIBIT R1(C) A TRUE COPY OF THE ORDER DATED 29.5.2014 OF THE 3RD RESPONDENT.

EXHIBIT R1(D) A TRUE COPY OF THE LETTER DATED 22.3.2016 BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT R1(E) A TRUE COPY OF THE LETTER DATED 27.4.2016 OF THE 3RD RESPONDENT.

EXHIBIT R1(F) A TRUE COPY OF THE LETTER DATED 22.6.2017 OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT R1(G) A TRUE COPY OF THE LETTER DATED 7.8.2019 ISSUED TO THE THIRD RESPONDENT

BY THE 1ST RESPONDENT.

EXHIBIT R1(H) A TRUE COPY OF THE LETTER DATED 24.8.2019 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

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